Lucrative licensing fees on sweepstakes machines may have been bad bet

fr sweepstakesMaggie Valley has become the latest town in North Carolina to face the threat of a lawsuit regarding licensing fees charged to sweepstakes parlor owners.

Cherokee Bear Zoo in legal crosshairs

Two enrolled members of the Eastern Band of Cherokee Indians plan to sue the owners of the Cherokee Bear Zoo if they don’t make some substantial changes to their grizzly bear habitats.

Sweepstakes to cops: your move

A woman charged with illegally operating sweepstakes-style video gambling machines got off in court this week after prosecutors dismissed the charges.

Razing the sweepstakes: Police handcuffed in latest standoff with successor of video gambling

coverSweepstakes-style video gambling is making bold forays into the rural communities of Western North Carolina, back for yet another skirmish in the decade-long war against the betting devices. 

State lawmakers have tried to ban them. Police have tried to bust them. Judges have tried to reprimand them. 

Rally cry to save Camp Hope persists in wake of lawsuit

fr camphopeThe town of Canton is not out of the woods yet in its fight to keep Camp Hope, a public recreation area in Cruso.

Police targeted by sweepstakes industry suits

fr sweepstakesFor law enforcement, video gambling is like a bad case of poison ivy that keeps cropping back up all over the place, and now, it’s going after them.

With lawsuit in the rearview, Canton plans to step up its game for public recreation

fr camphopeCanton leaders are already asking how they can do better making Camp Hope available to the public after a lawsuit threatened to seize the 100-acre forested tract and rustic camp quarters away from the town.

Lawsuit blames Cherokee for investment losses in children’s trust fund

The Eastern Band of Cherokee Indians has denied any wrongdoing in a lawsuit related to investment losses in a trust fund that safeguards casino earnings on behalf of Cherokee youth.

The tribe has, among other things, asked a judge to deny a class-action status in the lawsuit, which would allow any youth affected by the losses to be compensated by the tribe.

Some sushi with that pedicure? Suit pitted neighboring businesses over alleged ‘noxious’ fumes

A sushi restaurant in Waynesville lost a protracted legal battle last month after accusing a neighboring nail salon of driving away its diners.

Saki Sushi claimed fumes from Tweety Nails hurt its bottom-line. Litigation dating back two years culminated in a nearly two-week jury trial in March, ultimately exonerating the nail parlor as the sushi joint could not prove that the smell negatively impacted the restaurant — or even that the nail salon was the origin of the smell.

“It’s a relief. It’s indescribable,” said Steve Nguyen, husband of Tweety, who owns Tweety’s Nails.

The two businesses leased storefronts next door to each other in the K-Mart strip mall on Russ Avenue.

Janet Green, owner of Saki Sushi, which had been there first, claimed “noxious odors and chemicals” began emanating from the nail salon shortly after it opened in fall 2009.

The court-filed complaint by Saki Sushi claimed that the smell interfered with Green’s ability to enjoy the property, among other charges, and sued the salon for as much as $60,000. The restaurant also sued its’ landlord.

But, Nguyen said he believes the lawsuit was retaliation. He and his wife at one time expressed an interest in buying Saki Sushi from Green.

Nguyen said that there is no smell in the building now that Saki Sushi has moved to a location on Howell Street.

On at least a couple of occasions, Green called the police about the smell, and on more than several occasions, she asked employees from the nearby Radio Shack to come into her restaurant and tell her if they smelled anything.

During the trial, at least one witness stated that he noticed a strong acrylic-like odor while in the restaurant. Another witness said her coworker couldn’t eat at Saki Sushi with her because he was sensitive to the smell.

However, the witnesses did not know when the smell started and could not definitely connect the stench to Tweety’s Nails.

One witness testified that the odor was considerably less noticeable and possibly different from the fetor wafting from Saki Sushi. Although Green consulted others about the smell, including the Waynesville police, “Mrs. Green admitted that she never even complained to Tweety about the smell,” said Mark Melrose, attorney for Tweety’s Nails.

All sides attempted to settle the issue through mediation but gave up on resolving their differences early last year. The case finally landed in court last week.

After hearing the evidence presented in the case, Judge Mark E. Powell dismissed all of Saki Sushi’s claims, except for its nuisance claim against the nail salon. Within 20 minutes, the jury returned with its verdict, Melrose said. The jury found no validity to the claim and did not award Saki Sushi any damages.

When considering a nuisance claim, Melrose said a jury must also decide if the business benefits the community.

“Every little thing that bothers you is not a lawsuit,” Melrose said.

For example, it would be extremely difficult to claim legally that the paper mill in Canton is a nuisance because is a crucial part of the town’s economy.

“If you ask people in Canton, they say it smells like jobs,” Melrose said.

Although the case is finally settled, Tweety’s Nails plans to sue Saki Sushi for the more than two years worth of court and attorney fees.

Sagging roof trusses on Waynesville fire station prompt lawsuit

The town of Waynesville is suing a Hendersonville contractor for negligence in the construction of its new fire station on the outskirts of downtown.

In its complaint, the town alleges that Construction Logic’s work was defective and did not follow the planned specifications for the roof of the fire station.

“The suit is about fixing the roof and who is going to fix the roof,” said Town Manager Lee Galloway.

In early 2007, the town signed a $2.3 million contract with Construction Logic to build the Waynesville Fire Department’s headquarters.

“They were responsible for everything, the roof and the beams and the construction of the fire station,” Galloway said.

About a year after its completion when about 14 inches of snow fell in Waynesville, portions of the metal-paneled roof over the fire station’s equipment room began to sag.

Engineers found several flaws in the construction of the trusses, which hold the roof in place. More than 75 percent of the bolts connecting the trusses were loose, and a majority of the bolt holes at the top of each truss were reamed, according to court documents. All of the trusses were bent at least three-quarters of an inch; one was deflected as much as 2.75 inches, which could cause leaks or other structural problems.

The engineers who studied the roof declared that it is not a safety hazard. And, it has not leaked.

“But it needs to be remedied and fixed,” Galloway said. The cost of fixing such a critical part of the structure could reach up to $400,000, he said.

The town brought the defect to the Construction Logic’s attention in 2010, Galloway said.

“And, they have never fixed the roof,” he said. “They never indicated a willingness to fix the roof.”

Construction Logic failed to apply the proper standard of care to which all contractors must adhere, according to court documents.

The town has alleged charges of negligence, breach of contract and breach of warranties. Waynesville officials are seeking $30,000 in damages in addition to the cost of repairing the roof and bringing it into compliance with the original building plans.

The company, according to its website, has operations in Hendersonville and Asheville. Neither the company nor its lawyer Brad Stark of Asheville responded to several requests for comment.

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